Background Story
I am a British citizen and my husband has got a nigerian Passport, we have 2 children aged 2 and 1 who are also British citizens
My husband was previously married to an EU citizen and got a 5 year stay through her. he then divorced her after 3 and half years of marraige.
He applied based on the ex spouse of an EU citizen, provided relevant documentation from both of them up until he applied for a divorce, this application was denied.
We got a solicitor, or someone we thought was a solicitor who advised us that the home office decision was wrong and he beleived the appeal will be successful.
on the appeal day, we then met up with the barrister/Solicitor (another guy) who had a brief discussion with the judge before hand and the judge advised him that he would not win the appeal because of a new case that has just come out requiring documents from his ex-partner for the whole 5 years, and we would be better off Appealing on Article 8.
Barrister made the appeal on Article 8, based on the fact that, the appellants wife is british, children are british, i am working, his brothers and sisters are british and he had a right to a family life here.
We got a letter saying the Appeal has been denied and they believe we would be a ble to relocate back to Nigeria and continue our family life. I have been here since i was 13 and i'm now 28 and i dont have any significant family member over there.
We have 5 days to lodge an appeal to the upper court. I'm reluctant to go with our current solicitor because i believe he was unprepared for the case, the barrister only just took a quick scan through the document on the day itself just before our turn and wasnt even aware of the new case that had come out which made it imposible for us to appeal on the EEA grounds. the original solicitor he has since apologised and said he would lodge the appeal for free or maybe just a little money if the appeal fails (we are yet to see if he'll honour this promise)
Can someone give me advise on whether or not we have a strong case? any solicitors/barristers that are good with family and Aritcle 8 law?
what kind of prices should we expect to pay for a good solicitor?
I had a look at Garden Court Chambers on the net and they looked really good but they only deal with referal from solicitors.
Thank you for taking the time to read.
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